1. INTRODUCTION
Welcome to the First Dose mobile application (“App”), operated by First Dose (“Company,” “we,” “us,” or “our”). By accessing or using our App, you (“User,” “you,” or “your”) agree to comply with and be bound by these Terms and Conditions (“Terms”). If you disagree with any part of these Terms, please discontinue use immediately.
2. DEFINITIONS
- App: Refers to the First Dose mobile application. User: Any individual using the App for browsing or ordering pharmaceutical products.
- Vendor: Licensed chemists or pharmacies registered on the App for selling medicines. Prescription: A valid medical document issued by a certified healthcare professional.
- Prescription: A valid medical document issued by a certified healthcare professional
3. SCOPE OF SERVICE
- The App serves solely as an intermediary platform connecting Users with Vendors.
- The Company’s Role as an Intermediary:
The First Dose App is strictly a digital platform that connects users with registered pharmacies (Vendors) for the purchase of pharmaceutical products. The Company operates solely as an intermediary and does not engage in any direct pharmaceutical transactions, including but not limited to:
(i) No Sale of Medicines
- The Company does not own, sell, resell, or distribute any pharmaceutical products, prescription drugs, over-the-counter (OTC) medicines, or medical supplies.
- All medicines and healthcare products available through the App are sold directly by licensed third-party Vendors, who are responsible for ensuring the legality and authenticity of the medicines.
- The Company does not control pricing, stock availability, or product descriptions, as these are determined solely by the Vendors.
(ii) No Manufacturing or Processing of Medicines
- The Company does not engage in the production, formulation, repackaging, or alteration of any pharmaceutical product.
- All medicines and medical supplies listed on the App are sourced, prepared, and provided directly by government-licensed pharmacies and medical stores, which bear the responsibility for ensuring quality, authenticity, and compliance with regulatory standards.
(iii) No Storage or Warehousing of Medicines
- The Company does not operate any warehouses, storage facilities, or distribution centers for medicines or pharmaceutical products
- All medicines and healthcare products are stored, maintained, and managed exclusively by the Vendors who are registered with the App.
- Vendors are responsible for ensuring that storage conditions (e.g., temperature, humidity, shelf life) comply with the Drugs and Cosmetics Act, 1940, and other applicable Indian regulations
(iv) No Delivery or Logistics Services
- The Company does not handle, coordinate, or oversee the delivery of medicines
- Once a customer places an order, the Vendor independently processes the request, verifies the prescription, and arranges for delivery.
- Delivery may be executed by the Vendor’s in-house team or third-party courier services, completely independent of the Company.
- The Company is not responsible for delays, non-delivery, damaged shipments, or incorrect orders—such issues must be resolved directly between the User and the Vendor.-
(v) No Verification or Endorsement of Medicines
- The Company does not verify, certify, or approve the quality, effectiveness, safety, or legality of medicines listed by Vendors.
- The responsibility of ensuring that medicines are genuine, unexpired, and legally dispensed lies entirely with the Vendor.
- The Company does not endorse or guarantee the efficacy, safety, or suitability of any medication and advises Users to consult a qualified healthcare professional before consuming any medicine.
(vi) No Medical Consultation or Prescription Services
- The Company does not provide medical advice, consultations, or diagnosis in any form
- The App does not generate prescriptions or recommend specific medicines—Users must upload a valid, doctor-prescribed prescription to place an order.
- The Company is not liable for any incorrect prescriptions, improper medication usage, or adverse health effects resulting from the consumption of medicines purchased through the App.
(vii) No Liability for Vendor Non-Compliance
- The Company assumes no liability for any illegal, unethical, or non-compliant actions taken by Vendors.
- If a Vendor fails to comply with applicable drug laws, dispenses incorrect medication, or sells counterfeit products, the User must take up the issue directly with the Vendor or regulatory authorities.
4. USER ELIGIBILITY AND RESPONSIBILITIES
1. Eligibility Criteria
- Users must be at least 18 years of age and legally competent to enter into binding contracts as per the Indian Contract Act, 1872.
- Users who are minors (under 18 years) are strictly prohibited from registering or making purchases through the App.
- The Company assumes no responsibility for verifying the age or legal competence of Users. If a minor uses the App by providing false information, the parent or legal guardian shall be held liable for any legal consequences.
2. Accurate and Truthful Information
- Users must provide accurate, complete, and up-to-date personal information during registration, including their name, age, contact details, and delivery address.
- The Company is not responsible for verifying the authenticity or accuracy of the information provided by Users.
- Any consequences arising from false, incomplete, or outdated information, including failed deliveries, legal disputes, or identity fraud, shall be solely the responsibility of the User.
- The Company reserves the right to suspend or terminate User accounts if false or misleading information is discovered.
3. Prescription Requirements
- Users are required to upload a clear, legible, and valid prescription issued by a certified and licensed medical practitioner for ordering prescription medicines.
- The prescription must:
- Be genuine, authentic, and unaltered
- Include the doctor’s name, license number, contact information, date of issuance, and specific dosage instructions.
- Not be expired as per Indian pharmaceutical regulations.
- Users are solely responsible for ensuring the prescription’s validity, authenticity, and compliance with Indian laws.
- The Company does not verify, validate, or authenticate any prescription and assumes no liability for the accuracy, legitimacy, or appropriateness of the prescribed medicines.
- In the event of any dispute or investigation related to the prescription, the burden of proof shall rest entirely with the User who uploaded the prescription.
4. Responsibility for Personal and Delivery Information
- Users are responsible for providing accurate and complete delivery information, including the correct address, contact details, and any additional instructions necessary for successful delivery.
- The Company is not liable for non-delivery, delayed delivery, or incorrect delivery resulting from inaccurate or incomplete information provided by the User.
- Users must ensure that the delivery address is accessible and safe for receiving medicines, especially those requiring cold storage or temperature control.
- Any loss, damage, or legal consequences arising from delivery to an incorrect or inaccessible address shall be solely the responsibility of the User.
5. Safe and Responsible Use of Medicines
- Users are responsible for:
- Reading and understanding the dosage instructions and warnings provided by the prescribing doctor.
- Consulting a healthcare professional before consuming any medicine, especially in cases of pre-existing medical conditions, allergies, or potential drug interactions.
- Storing medicines safely as per the instructions on the packaging, including maintaining required temperature and humidity levels
- The Company assumes no liability for adverse effects, drug interactions, allergic reactions, overdose, or any health complications arising from the use or misuse of medicines.
- Users agree that the Company is not responsible for ensuring that medicines are suitable, safe, or effective for the User’s medical condition.
6. Prohibited Conduct and Misuse of the App
- Users must not misuse the App for any unlawful activities, including but not limited to:
- Purchasing banned, controlled, or illegal substances under Indian drug laws.
- Uploading forged, fraudulent, or altered prescriptions with the intent to obtain restricted or prohibited medicines
- Reselling or distributing medicines obtained through the App for commercial purposes.
- Attempting to bypass or manipulate the App’s security features, prescription verification processes, or payment systems.
- Any misuse or unlawful activity detected by the Company may result in:
- Immediate suspension or termination of the User’s account without prior notice.
- Reporting to relevant law enforcement authorities as required under the Information Technology Act, 2000, and other applicable laws.
- Users agree to indemnify and hold the Company harmless from any legal claims, liabilities, penalties, or damages arising from their misuse of the App or violation of Indian laws.
7. Legal Compliance and Indemnification
- Users are required to comply with all applicable Indian laws and regulations while using the App, including but not limited to:
- The Drugs and Cosmetics Act, 1940 and The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
- The Narcotic Drugs and Psychotropic Substances Act, 1985, where applicable.
- Users shall indemnify and defend the Company against any third-party claims, damages, or legal actions arising from:
- Non-compliance with applicable laws and regulations.
- Misuse of the App or violation of these Terms.
- False information or fraudulent activities, including uploading fake prescriptions
- The Company disclaims all liability for any legal consequences, penalties, or regulatory actions resulting from the User’s illegal conduct, misuse of the App, or non-compliance with Indian laws.
8. Burden of Proof and Dispute Resolution
- In the event of any legal dispute, regulatory investigation, or consumer complaint, the burden of proof shall rest solely on the User to demonstrate:
- The authenticity and validity of the prescription uploaded on the App.
- Accurate and truthful personal and delivery information.
- Proper and responsible use of medicines as per medical advice.
- The Company reserves the right to cooperate with law enforcement authorities and provide information regarding the User’s activity on the App, including prescription details, order history, and personal information, as required by law.
- Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Rajasthan, India.
9. ACCOUNT REGISTRATION AND SECURITY
- Users must register using valid identification details including name, contact information, and delivery address.
- Users are responsible for maintaining the confidentiality of login credentials and preventing unauthorized access to their accounts.
- The Company is not liable for any unauthorized access resulting from the User’s failure to maintain confidentiality.
10. PRESCRIPTION UPLOAD AND VALIDATION
- Users must upload a clear and legible copy of a valid prescription.
- The Vendor is solely responsible for verifying the prescription’s authenticity before dispensing medicines.
- The Company does not verify, validate, or alter any prescription and is not liable for any consequences arising from prescription errors or misuse.
- The Company reserves the right to reject prescriptions that are incomplete, illegible, or non-compliant with Indian laws.
11. ORDER PLACEMENT AND PROCESSING
- Orders are placed by Users and accepted by Vendors at their sole discretion.
- The Vendor is responsible for:
- Verifying the prescription and ensuring the medicines prescribed are appropriate.
- Packing and dispatching the order in compliance with the Drugs and Cosmetics Act, 1940.
- The Company is not involved in the verification, approval, or fulfillment of orders.
12. PAYMENT TERMS
- Payments can be made using online payment gateways integrated into the App.
- The Company does not collect or store payment information; transactions are processed via third-party payment gateways complying with the RBI’s guidelines.
- The Company is not liable for any payment failures, unauthorized transactions, or disputes between the User and the payment gateway.
13. DELIVERY AND SHIPPING
(i) Company’s Role in Delivery:
- The Company solely provides a digital platform for ordering pharmaceutical products.
- The Company does not manage, oversee, or coordinate the actual delivery of orders.
(ii) Estimated Delivery Timelines:
- Delivery timelines presented within the App are estimates only and are subject to change due to factors such as geographic location, product availability, weather conditions, and other unforeseen circumstances.
- The Company does not guarantee that orders will be delivered within the estimated timeframes
(iii) User-Provided Information:
- Users are responsible for providing accurate and complete delivery details (including address, contact number, and any special instructions).
- Inaccuracies or omissions in the provided information that result in delays or misdelivery are the sole responsibility of the User.
(iv) Disclaimer of Liability:
- The Company disclaims any liability for delays, non-delivery, or issues related to the delivery process, including any damage or tampering of goods during transit.
- Any adverse outcomes, including misdelivery or damage during shipment, resulting from incorrect or incomplete User-provided information, will be solely borne by the User.
(v) Resolution of Delivery Issues:
- Users acknowledge that any issues arising during the delivery process are to be resolved directly with the service handling the delivery.
- By using the App, Users agree that the Company shall have no responsibility or liability for any disputes or claims related to the delivery of orders.
By placing an order through the First Dose App, you, as the User, agree to the above conditions regarding delivery. You further acknowledge that the Company is not liable for any issues related to delivery delays, non-fulfillment, or damages during transit.
14. PRODUCT LIABILITY AND WARRANTY
- All pharmaceutical products are supplied directly by the Vendor, who is responsible for:
- Product quality, safety, and compliance with Indian drug laws
- Proper packaging and labeling as per legal requirements.
- The Company does not provide any warranties regarding product quality, safety, or efficacy.
- Any claims related to product defects, side effects, or adverse reactions must be directed to the Vendor or manufacturer.
15. LIMITATION OF LIABILITY
- The Company is not liable for:
- Incorrect diagnosis, misuse, or adverse effects resulting from the use of medicines.
- Errors in prescriptions or inappropriate medication provided by the Vendor.
- Any health-related issues, including but not limited to allergic reactions, drug interactions, or medical complications.
- The maximum liability of the Company, in any case, shall be limited to the transaction amount or INR 1,000, whichever is lower.
16. INDEMNIFICATION
Users agree to indemnify and hold harmless the Company, its directors, employees, and agents from any claims, damages, or liabilities arising from:
- Breach of these Terms by the User.
- Violation of applicable laws or third-party rights.
- Misuse of the App or medical products obtained through the App.
17. INTELLECTUAL PROPERTY RIGHTS
- The App’s content, logo, design, and software are intellectual property of the Company.
- Users must not reproduce, distribute, or misuse any content without prior written consent.
18. PRIVACY AND DATA SECURITY
- User data is processed in compliance with Indian data protection laws.
- The Company does not share personal information with third parties except as required for order fulfillment or legal obligations.
- Detailed data usage is outlined in the Privacy Policy available on the App.
19. TERMINATION OF ACCESS
- The Company reserves the right to terminate or suspend access to the App for:
- Violations of these Terms.
- Suspicious or fraudulent activity.
- Misuse of services or legal violations.
20. GOVERNING LAW AND JURISDICTION
- These Terms are governed by Indian law, including the Information Technology Act, 2000, and relevant pharmaceutical regulations.
- Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Rajasthan, India.
21. AMENDMENTS TO TERMS
- The Company reserves the right to modify these Terms at any time.
- Users will be notified of significant changes via in-app notifications or email.
- Continued use of the App constitutes acceptance of the revised Terms.
CONTACT INFORMATION
For queries regarding these Terms, please contact us at: